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EXCLUSIVE: Texas Lawmakers Demand GOP Fight for Stronger Child Protections Against AI

Sens. Ted Cruz, R-Texas, right, and John Cornyn, R-Texas. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Elizabeth Troutman Mitchell / @TheElizMitchell

Elizabeth Troutman Mitchell is the White House Correspondent for "The Daily Signal." Send her an email.

FIRST ON THE DAILY SIGNAL—A bipartisan group of 20 Texas state senators wrote a letter to the state’s U.S. senators demanding stronger protections for children online.

The coalition says that a U.S. House bill meant to protect kids online is too weak. The Energy and Commerce Committee recently marked up the Kids Internet and Digital Safety, or KIDS Act, which contains a version of the Kids Online Safety Act which the legislators say is “considerably weaker” than the Senate version.

The letter urges Texas Republican Sens. John Cornyn and Ted Cruz “to support legislation that includes a duty of care and balanced preemption language, such as the Senate version of KOSA, to ensure that states retain the ability to protect children online effectively.”

This comes days after the White House introduced its National Framework for AI which, if passed by Congress, would replace the 50-state patchwork of AI laws with one national standard.

The House version of the Kids Online Safety Act “removes the duty of care to prevent online harm to children,” the letter says.

“It replaces it with broad preemption language that prevents states from enforcing any laws that conflict with federal provisions,” the state lawmakers wrote.

The KIDS Act, with KOSA included, would invalidate any state law that “conflicts with” its provisions. That could invite Big Tech to litigate against child protection laws, according to the Alliance for Secure AI.

Under the KIDS Act, platforms are not specifically required to protect against suicidal behaviors, eating disorders, substance use disorders, and “addictive use.”

The sponsor of the KIDS Act, Rep. Brett Guthrie, R-Ky., said in a recent statement that under the bill, “platforms must maximize protections for children and teens.” He added that the legislation mandates “robust enforcement by the Federal Trade Commission—and states attorneys general.”

Guthrie’s office did not respond to The Daily Signal’s request for comment by publication time.

Rep. Kathy Castor, D-Fla., said the House version of KOSA is a “gift to the Big Tech companies” and a “slap in the face” to those seeking strong guardrails.

Led by Sen. Marsha Blackburn, R-Tenn., the Senate version, on the other hand, “includes a duty of care to protect children online and contains preemption language that respects states’ rights,” the letter states.

“The online landscape evolves rapidly, and states must retain the flexibility to respond,” the letter says. “Thirty-eight state Attorneys General have supported the Senate version of KOSA because it includes a duty of care and allows states to provide stronger protections for children.”

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